Long title
CONFLICTS, CONFIDENTIALITY AND REPRESENTING A CORPORATE ENTITY
Author(s)' contact information
Conference title
Sixth Annual Symposium on the Teaching of Legal Ethics and Professional Responsibility
Conference location
University of New Brunswick, Canada
Country
United States
Year
2011
File
CALE-OPM-22Oct11.ppt562 KB
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Abstract
This program will review important principles regarding professional duties to avoid conflicts of interest and to preserve client confidences, as well as the special responsibilities of representing a corporate entity, by applying these principles to a dramatic real-life case from the 1970s that presented a New York City law firm with profound ethical dilemmas.
The program will be highly interactive through the presentation of a simulated meeting between the law firm partner with primary responsibility for representing the company and the company's Chief Executive Officer. Work for this company produces 60% of the law firm's revenue. Moments before the CEO arrives without an appointment, the attorney has read a confidential memo from the company's Chief Fiscal Officer raising concerns that the CEO has engaged in fraudulent conduct; if the allegations are true, this situation could create civil and criminal liability for the law firm also.
Participants in this program will also learn to apply a theoretical model, based on empirical research, for understanding how professional misconduct can be committed even by persons of good character who are aware that an ethical dilemma exists.
The program will be highly interactive through the presentation of a simulated meeting between the law firm partner with primary responsibility for representing the company and the company's Chief Executive Officer. Work for this company produces 60% of the law firm's revenue. Moments before the CEO arrives without an appointment, the attorney has read a confidential memo from the company's Chief Fiscal Officer raising concerns that the CEO has engaged in fraudulent conduct; if the allegations are true, this situation could create civil and criminal liability for the law firm also.
Participants in this program will also learn to apply a theoretical model, based on empirical research, for understanding how professional misconduct can be committed even by persons of good character who are aware that an ethical dilemma exists.
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